Seven Falls lawyers ask for more time

Defense wants trial moved to September

Published: Thursday, April 11, 2013 at 4:30 a.m.

Last Modified: Wednesday, April 10, 2013 at 11:47 p.m.

Defense lawyers for defendants in the Seven Falls case say they can no longer be ready for trial in May because a deluge of new evidence threatens a "miscarriage of justice."

In January, a U.S. District Court judge granted a continuance until May.

"Counsel for (Seven Falls developer Keith) Vinson agreed that he could be ready for trial May 6, 2013. This agreement by counsel was made without any knowledge or information that any significant additional discovery would be forthcoming," Vinson's attorney, J. Clark Fischer, said in the most recent motion to continue. "To counsel's surprise, an additional 64,000 pages of discovery documents were furnished ... This discovery production included a number of critical documents and witness interviews that had been completed well prior to the Jan. 29 status conference."

Fischer and other defense attorneys again filed motions for continuances until September, and a hearing on the motion made by attorneys for Thomas Durham Jr. will be held today at 11 a.m. Other requests are scheduled to be heard later this month.

History of delays

On Dec. 19, 2012, the court entered an order continuing the trial until the March 4, 2013 trial term. The trial date was pushed back again, to the May 6 trial term, after a Jan. 29 status conference.

During that conference in U.S. District Court in Asheville, defense lawyers said they had received about 109,000 pages of discovery.

Fischer stated in his most recent motion that "counsel has now been informed that an additional 95,000 pages of discovery will be forthcoming, as well as grand jury testimony from 25 civilian and law enforcement witnesses and an unknown number of exhibits. Thus the volume of discovery has almost tripled in the past six weeks."

Defense lawyers said they have faced challenges converting the "voluminous electronic discovery" into a "usable, searchable format." They also claimed that more time was needed for "meaningful plea negotiations."

Fischer said that with the overwhelming amount of discovery — 268,000 pages in all — it is "utterly impossible" to be ready for trial by May 6.

Vinson, along with defendants Avery Ted "Buck" Cashion III of Lake Lure, a real estate investor and private money lender; real estate and private money lender Raymond "Ray" Chapman of Brevard; former president of Pisgah Community Bank Thomas "Ted" Durham Jr. of Fletcher; Certified Public Accountant George M. Gabler; and Certified Real Estate Appraiser Aaron Ollis, have all pleaded not guilty to what prosecutors say was a scheme to prop up the struggling 1,400-acre Seven Falls golf course community just south of Etowah.

Co-defendant Andrew Quinn Hager of Hendersonville pleaded guilty to one count of conspiracy to commit bank fraud and agreed last month to work with authorities in the ongoing investigation.

Vinson faces federal charges of wire fraud conspiracy, three counts of wire fraud, misapplication of bank funds, bank fraud and money laundering. He was granted a public defender in May and entered a plea of not guilty through his lawyer Dec. 14.

Ollis has been charged with conspiracy to defraud the United States, bank fraud and misapplication of bank funds.

Gabler has been charged with bank fraud. Cashion, Chapman and Durham have been charged with wire fraud, money laundering, engaging in monetary transactions, misapplication of bank funds, bank fraud and conspiracy to defraud the United States.

The defendants were originally scheduled for trial during the court's June 25, 2012 criminal term.

<p>Defense lawyers for defendants in the Seven Falls case say they can no longer be ready for trial in May because a deluge of new evidence threatens a "miscarriage of justice."</p><p>In January, a U.S. District Court judge granted a continuance until May.</p><p>"Counsel for (Seven Falls developer Keith) Vinson agreed that he could be ready for trial May 6, 2013. This agreement by counsel was made without any knowledge or information that any significant additional discovery would be forthcoming," Vinson's attorney, J. Clark Fischer, said in the most recent motion to continue. "To counsel's surprise, an additional 64,000 pages of discovery documents were furnished ... This discovery production included a number of critical documents and witness interviews that had been completed well prior to the Jan. 29 status conference."</p><p>Fischer and other defense attorneys again filed motions for continuances until September, and a hearing on the motion made by attorneys for Thomas Durham Jr. will be held today at 11 a.m. Other requests are scheduled to be heard later this month.</p><p>History of delays</p><p>On Dec. 19, 2012, the court entered an order continuing the trial until the March 4, 2013 trial term. The trial date was pushed back again, to the May 6 trial term, after a Jan. 29 status conference.</p><p>During that conference in U.S. District Court in Asheville, defense lawyers said they had received about 109,000 pages of discovery.</p><p>Fischer stated in his most recent motion that "counsel has now been informed that an additional 95,000 pages of discovery will be forthcoming, as well as grand jury testimony from 25 civilian and law enforcement witnesses and an unknown number of exhibits. Thus the volume of discovery has almost tripled in the past six weeks."</p><p>Defense lawyers said they have faced challenges converting the "voluminous electronic discovery" into a "usable, searchable format." They also claimed that more time was needed for "meaningful plea negotiations."</p><p>Fischer said that with the overwhelming amount of discovery — 268,000 pages in all — it is "utterly impossible" to be ready for trial by May 6.</p><p>Vinson, along with defendants Avery Ted "Buck" Cashion III of Lake Lure, a real estate investor and private money lender; real estate and private money lender Raymond "Ray" Chapman of Brevard; former president of Pisgah Community Bank Thomas "Ted" Durham Jr. of Fletcher; Certified Public Accountant George M. Gabler; and Certified Real Estate Appraiser Aaron Ollis, have all pleaded not guilty to what prosecutors say was a scheme to prop up the struggling 1,400-acre Seven Falls golf course community just south of Etowah.</p><p>Co-defendant Andrew Quinn Hager of Hendersonville pleaded guilty to one count of conspiracy to commit bank fraud and agreed last month to work with authorities in the ongoing investigation.</p><p>Vinson faces federal charges of wire fraud conspiracy, three counts of wire fraud, misapplication of bank funds, bank fraud and money laundering. He was granted a public defender in May and entered a plea of not guilty through his lawyer Dec. 14.</p><p>Ollis has been charged with conspiracy to defraud the United States, bank fraud and misapplication of bank funds.</p><p>Gabler has been charged with bank fraud. Cashion, Chapman and Durham have been charged with wire fraud, money laundering, engaging in monetary transactions, misapplication of bank funds, bank fraud and conspiracy to defraud the United States.</p><p>The defendants were originally scheduled for trial during the court's June 25, 2012 criminal term.</p><p>Reach Weaver at emily.weaver@blueridgenow.com or 828-694-7867.</p>